The Dark Side Emerges?

Republican Congressional candidates are caught in a difficult position when facing the 2016 general election. Do they align with Donald Trump or do they jump ship and run almost as an independent? GOP “talking points” suggest candidates should express disagreement with some or all of Trump’s rhetoric but confirm 100% rejection of Hillary Clinton. The GOP adds, if Republican candidates are elected, voters will get someone who would “stand up” to a President Clinton. Hmmm.

Recently Senator John McCain was interviewed in Philadelphia about his support for fellow Republican incumbent, Pat Toomey. McCain said that if he (McCain) and Toomey were reelected they could act as a wall against any Clinton Supreme Court nominee. What?

In an unprecedented move this year, Republican Senate leader Mitch McConnell refused to allow any Senate consideration of Merric Garland for the Supreme Court. His excuse was the nomination came in an election year and he would wait for the next President to decide who would be the nominee. Now McCain is suggesting that as long as the Senate in under Republican control, there would be no Democrat nominated additions to the Supreme Court. Hmmm.

The Constitution clearly states “the President shall nominate” (even in an election year), and the Senate will give “advise and consent”. But what Constitutional reasons might there be for withholding consent?

The founding fathers must have included this provision over worries about a totally unqualified person being nominated, say for political payback or favor. Hmmm. And there have been precedents for the Senate rejecting a Presidential nominee (like Robert Bork) on the grounds that the nominee’s views lay far outside the American mainstream. Is it possible that all of Hillary Clinton’s nominations would presumably be so progressive as to mirror Robert Bork?

This absolutist thinking is both highly presumptuous and a poor reading of history.

The GOP has no moral or ethical grounds to carte blanche reject all Clinton appointees, and although admittedly the Constitution does not preclude this possibility, the American three coequal branches of government with an independent Judiciary is being jeopardized.

Fairness would have Hillary Clinton winning the Presidency if for no other reason than pay back for the GOP Supreme Court shenanigans. Listening to McCain, even with a Clinton victory, Republicans may still act badly.